RESOLUTION
REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE
FOR THE CONSTRUCTION OF A TWO-FAMILY DWELLING ON PROPERTY LOCATED
AT 3129 MINNESOTA AVENUE (MARICK DEVELOPMENT, INC., BY DANIEL MADDY).

BY
COUNCILOR GILBERT:

BE
IT RESOLVED, the city council has heard the appeal of Marick Development,
Inc., of the decision of the planning commission denying applicants’
variance request and that the city council finds that, by reason of (condition
of land), strict application of the zoning code to this property
would result in (practical
difficulty or undue hardship) to the owner, that relief therefrom
may be granted without substantial detriment to the public good and without
substantially impairing the intent of the zoning plan and the zoning code,
that special circumstances or conditions applying to the building or land
in question which are peculiar to such property or immediately adjoining
property, and do not apply generally to other land or buildings in the
vicinity and ___________ that granting of the application is necessary
for the preservation and enjoyment of a substantial property right, the
right of __________ and not merely to serve as a convenience to the applicant
and that authorizing of the variance will not impair an adequate supply
of light and air to adjacent property or unreasonably increase the congestion
in public streets or increase the danger of fire or imperil the public
safety or unreasonably diminish or impair established property values
within the surrounding areas or in any other respect impair the health,
safety, comfort, morals or general welfare of the inhabitants of the city;
and

BE
IT FURTHER RESOLVED, by the city of Duluth that the planning commission’s
decision of January 10, 2006, is hereby reversed by the city council and
the variances requested are granted.

STATEMENT
OF PURPOSE: Marick Development, Inc., applied to the planning
commission for a variance to reduce the setback from the ordinary high
watermark from 50 feet to 15 feet on the north side, 42 feet on the west
side and 20 feet on the south side to allow for the construction of a
construction of a two-family dwelling on property located at 3129 Minnesota
Avenue and legally described as Lots 255 and 257, Minnesota Avenue Lower
Duluth, and Lots 256 and 258, St. Louis Avenue Lower Duluth.

The
planning commission denied the variance request as it was determined that
the project compromises the purposes of the zoning code and the applicant
failed to demonstrate the existence of a hardship. The commission concluded
that the proposed two-family dwelling, due to its size, would be out of
character with the surrounding development pattern. A previous variance
for a front yard setback has been approved for the proposed dwelling and
the approval of additional variances for the property are not in character
with the neighborhood and the natural resources of the city. The commission
found the applicant can achieve a reasonable use of the property through
a reduced setbacks with the construction of a smaller building. The need
for the variances are due to the design choices of the applicant which
are motivated by economics rather than conditions exiting upon the land.
The applicant has appealed to the Duluth City Council.

This
resolution reverses the decision of the planning commission to deny a
request to reduce the 50 foot setback from the ordinary high watermark
for the construction of a two-family dwelling on property located at 3129
Minnesota Avenue.

If
the city council approves this resolution it is required to state the
factual basis for its finding in the blank spaces provided in the body
of the resolution. Such factual findings are required by the district
court in order to avoid a determination that the decision was arbitrary
and capricious.

Pursuant
to Minn. Stat. §15.99, the city council must act no later than April
21, 2006 which is 120 days from the date of application.